Liquor Ordinance-selling beer for consumption on premises in breach of liquor licence in contravention of section 48., Cap. 266, Laws of Kenya-Construction of the word "premises".
Case summary
The accused was convicted on his own plea on two counts of selling beer for consumption contra section 48 of the Liquor Ordinance, Cap. 266, Laws of Kenya. His non-spirituous liquor licence authorized him to sell wines, ale, beer, etc., at the premises known as Sylvester Onyango, Plot No. 2496, Road or Quarry Street, Nairobi.
The accused in mitigation argued that the drinking was taking place “on our plot but not in our shop”. The plan showed that there were three shops (of which the appellant’s was one) fronting on the street and backing on to an open space—reached either through the shops or through the door from a side street or lane. On appeal, it was argued that the plea had not been an unequivocal one.
Held (20-2-56):
The appellant made an unequivocal plea of guilty.
That “the premises known as ‘Sylvester Onyango Plot No. 2496 Road or Street, Quarry Road’” means the premises known as those of Sylvester Onyango on Plot 2496, and that these premises must include the appurtenances of the shop and must include the open space behind the shops which the tenant of the shop was entitled to use (in common with the tenants of the adjoining shops) in conjunction with the shop.
Appeal dismissed.
Counsel:
Malik, A.H. for the appellant.
Webber, Crown Counsel, for the Crown.
